At the Weatherford Hotel in Flagstaff, Arizona, in Room 59, a balcony extends ac

Question

At the Weatherford Hotel in Flagstaff, Arizona, in Room 59, a balcony extends across thirty inches of the room’s only window, leaving a twelve-inch gap with a three-story drop to the concrete below. A sign prohibits smoking in the room but invites guests to “step out onto the balcony” to smoke. Toni Lucario was a guest in Room 59 when she climbed out of the window and fell to her death. Patrick McMurtry, her estate’s personal representative, filed a suit against the Weatherford. Did the hotel breach a duty of care to Locario? What might the Weatherford assert in its defense? Explain.

Explanation / Answer

No hotel did not breach the duty of care to guests as there is no invasion of privacy of the guest , there is no criminal assault of robbery and there is no any tyoe of criminal activity in the hotel. So the hotel did not breach duty of care. Hotels are not reponsrespo to every accident or loss that occur in the hotel because some are done intentionally and some done due to negiligence of customer himself.

Example: Assume some person committee suicide in the hotel which not the fault of hotel as it can't keep surveillance cameras every where.

Weatherford assert in its defense can be either the customer Lucario may have committed suicide or he must have slipped while smoking as there are many chances as he is only one Alone in his room. So it is not a good reason to say that hotel breached the duty of care of its guests as nobody knows the exact reason of his death.

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